Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-mj—OOO24—UNA Document 8 Filed 02/ 1 2/2008 Page 1 of 2
At) 472 (Rev. f2/03) Order of Detention Pending Trial
District of
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
MARK TRAVIS, Case Number: 08-24-M
‘ Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3 l42(f), a detention hearing has been held. I conclude that the following facts require the
detention of the defendant pending trial in this case.
Part I—Findings of Fact
Q (1 ) The defendant is charged with an offense described in IS U.S.C. § 3l42(f)(l) and has been convicted ofa Q federal offense Q state
or local off`ense that would have been a federal offense ifa circumstance giving rise to federal jurisdiction had existed - that is
Q a crime of violence as defined in IS U.S.C. § 3l56(a)(4).
Q an ol`fense for which the maximum sentence is life imprisonment or death. ‘
Q an offense for which a maximum term ofimprisonment often years or more is prescribed in
it
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C.
§ 3l42[l)(l)(A}-(C), or comparable state or local offenses.
Q (2) The offense described in finding (1) was committed while the defendant was on release pending trial for a federal, state or local offense.
Q (3) A period of not more than five years has elapsed since the Q date of conviction Q release ofthe defendant from imprisonment
for the offense described in finding (i). `
Q (4) Findings Nos. (I), (2) and (3) establish a rebuttable presumption that no condition or combination of conditions will reasonably assure the
safety of (an) other personfs) and the community. I further find that the defendant has not rebuffed this presumption.
Alternative Findings (A)
X _ (l) There is probable cause to believe that the defendant has committed an offense
X for which a maximum term of imprisonment often years or more is prescribed in 21 USC §§ 841 and 846 .
X under lit U.S.C. § 92¢l(c}.
Q (2) The defendant has not rebuffed the presumption established by finding 1 that no condition or combination ofconditions will reasonably assure
the appearance of the defendant as required and the safety ofthe community.
. Alternative Findings (B)
Q { l ) There is a serious risk that the defendant will not appear. T
Q f2) `There is a serious risk that the defendant will endanger the safety of another person or the community.
Part II—Written Statement of Reasons for Detention
_ . ` ` · ‘ * 2* ‘ ··. :·: · : ··· : -:-- -2:. -:-:,. -; 1... : .-1.: · ij CiC8t'3.[1CiC0l'lVit’tCiDgBVfdCHC€ i;-i EtpI`CpOI1-
derancc ofthe evidence that i i i `
Based on the information before the Court, including that provided by the probation office as well as the parties by proffer during the detention
hearing. and the affidavit supporting the complaint and the evidence elicited during the preliminary hearing, the Court finds that the Defendant has
failed to rebut the statutory presumption that no combination of conditions could reasonably assure the safety ofthe community between now and
the time of trial and that the Defendant would appear for all Court events in this matter.
The Court has reached these conclusions based on the following findings and for the following reasons:
the nature and circumstancesofthe offense: the_ Defendant is accused of possession with intent to distribute heroin, possession ofa firearm by a
previously—convicted felon, and possession ofa firearm in furtherance ofa drug trafficking crime. On Feburary 6, 2008, the Defendant, after
having previously had contact with a WPD detective acting in an undercover capacity, was driven by his girlfriend to a spot he and the
undercover had arranged t`or the Defendant to sell two bundles of heroin to the undercover. As officers approached the vehicle, the Defendant
threw an object under the vehicle in which he had been driven; under the vehicle, officers found two bundles of heroin marked and packaged
lor sale, They also found under the passenger seat ofthe vehicle (where Defendant had been sitting) a Glock Model I7 9mm pistol.
the weight ofthe evidence: is strong. The Court found probable cause following a preliminary hearing. Also, the Defendant admitted at the scene of
his arrest that he had come there to sell heroin to the undercover and he had brought along the firearm for protection.
the history- and characteristics of the Defendant: the Defendant has been attending college, was employed for about 9 months in 2006 and 2007. and
has been active in the lives of his daughters (who reside with their grandmother). However, he has three prior felony convictions, including
offenses involving drug distribution and possession of a firearm. He has eight prior capiases and was twice terminated early from probation
due to unimprovemcnt. The Defendant also admits to daily use of illegal drugs.

Case 1 :08-mj—OOO24—UNA Document 8 Filed 02/ 1 2/2008 Page 2 of 2
AD 472 (Rev. I2fO3) Order of Detention Pending Trial
the nature and seriousness ofthe danger to the communig that would be posed by the Defenda1‘tt’s release: prior convicted felons possessing
firearms to use in furtherance of distributing illegal drugs pose a substantial danger to the community.
· Part III——Directi0ns Regarding Detention |
The defendant is committed to the custody ofthe Attorney General or his designated representative for confinement in a corrections facility separate, I
to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The defendant shall be afforded a
reasonable opportunity for private consultation with defense counsel. On order ofa court ofthe United States or on request ofan attorney for the
Government, the person in charge of the corrections facility shall deliver the defendant to the U ited States marshal for the purpose of an appearance
in connection with a court proceeding. r
riianurxny iz"', 2008 • - I
Date Signature of Judge
Honorable Leonard P. Stark U.S. Magistrate Jud e
Nome and Title ofJud`ge
*lnscrt as applicable: (a) Controlled Substances Act (2] U.S.C. § 801 etseq.); (b) Controlled Substances Import and Export Act (2l U.S.C. § 951
er seq.); or (c) Section i ofAct of Sept. E5, l980 (21 U.S.C. § 955a).


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Case 1:08-mj-00024-UNA

Document 8

Filed 02/12/2008

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Case 1:08-mj-00024-UNA

Document 8

Filed 02/12/2008

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